HomeMy WebLinkAboutItem K2 COUNTY of
BOARD OF COUNTY
COMMISSIONERS
Mayor Michelle Lincoln,District 2
MONROE �
Mayor Pro Tem David Rice,
e
e' District 4
The Florida Keys
,o
Craig Cates,District 1
~ James K. Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
January 28, 2026
Agenda Item Number: K2
26-0227
BULK ITEM: Yes DEPARTMENT: Planning and Environmental
Resources
TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin, Sr. Director
Planning & Environmental Resources
AGENDA ITEM WORDING: Approval of a Resolution Approving an Extension of the
Reservation of Two (2) Affordable Workforce Early Evacuation Building Permit ("ROGO")
Allocations, requested by Natalie McIntyre by and through Joseph Scarpelli, for Proposed Affordable
Workforce Housing Dwelling Units at 307 Overseas Highway, Big Coppitt Key, Monroe County,
Currently Having Parcel Identification Number 00149540- 000000, Until August 20, 2027, for
Building Permit Issuance.
ITEM BACKGROUND:
Joseph Scarpelli on behalf of Natalie McIntyre("Applicant"or the "developer")has submitted
the Applicant's request for the Monroe County Board of County Commissioners ("BOCC",
"Board", "Monroe County", or the "County") to extend the reservation of two (2) affordable
early evacuation workforce housing building permit ("ROGO") allocations for Applicant's
project, on that certain real property located at307 Overseas Highway, Big Coppitt Key,
Monroe County, Florida, currently having Parcel Identification No. 00149540-000000 (the
"Property"). The Applicant is requesting reservation extension for one (1) year.
Monroe County Land Development Code ("LDC") Section 13 8-24(b) allows the BOCC to
reserve by resolution some or all of the available affordable housing allocations or available
affordable workforce housing early evacuation unit building permit allocations for award to
certain sponsoring agencies or specific housing programs consistent with all other
requirements of the chapter.
The reservation of workforce housing early evacuation building permit allocations for the
anticipated project does not exempt the project from applicable requirements for the Monroe
County Codes, Comprehensive Plan, Florida Building Code, and/or other regulatory
requirements, and the owner shall obtain all required approvals for the project.
The proposed reservation shall require the developer to obtain issued building permits for the
workforce housing early evacuation units by August 20, 2027; if the permits are not issued by that
time, the allocations shall automatically revert to the County.
PREVIOUS RELEVANT BOCC ACTION:
On August 20, 2025, BOCC approved Resolution No. 289-2025 reserving two (2) affordable workforce
early evacuation building permit ROGO allocations through August 20, 2026, , which shall not become
effective until referenced amendments to Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2,
101.3.31 101.3.41 101.3.101 101.3.11, 101.3.121 601.11 601.1.11 601.1.21 601.1.81 601.1.11, and 601.5.1 and
Land Development Code Section 138-24 become legally effective and any and all adversarial
administrative proceeding(s) and/or litigation regarding saif Ordinance(s)has/have fully and finally
concluded.
On or about November 4, 2025, the State, through the executive branch agency Florida Department of
Commerce, acting as the state land planning agency, wrote a letter to Monroe County alleging that duly
adopted Monroe County Ordinance No. 018-2025 was purportedly `more restrictive or burdensome' and
putatively `null and void ab initio' under the ostensible authority of Section 28., Chapter 2025-190, Laws
of Florida.
The Monroe County Planning and Environmental Resources Department has initiated the text amendment
process and is proposing amendments to the Monroe County Year 2030 Comprehensive Plan (Department
File No. 2025-220) Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.31 101.3.4, 101.3.10, 101.3.11,
101.3.12, 601.11 601.1.1, 601.1.21 601.1.8, 601.1.11 and Land Development Code (Department File No.
2025-221) Section 13 8-24.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION
Approval of the Reservation Extension of Two (2) Affordable Workforce Early Evacuation
Allocations.
DOCUMENTATION:
Request For Extension Of Resolution 289-2025.pdf 2025-289 BOCC 00149540-000000 Early Evac.pdf
BOCC_Reso_2_Units_Reservation_Request_McIntyre 2026.docx
2025-289 BOCC 00149540-000000 Earl Evac
FINANCIAL IMPACT:
N/A
ApprovalsiApproving Extension sevti (2)Affordable
Workforce Early EvacuationBuilding it ("ROGO")Allocations, requested by Natalie
McIntyrethrough Joseph Scarpelli, for Proposed AffordablekHousing
Dwelling its at 307 Overseas Highway, i itt Key, Monroe County, Currently
Having Parcel Identification Number 00 1 - 000000, Until A2027,ugust for
Building It Issuance.
0 T.S. Neat Architect, Inc.
-9-9974 Overseas Highway
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DECEMBER 3, 2025
MONROE COUNTY PLANNING AND ENVIRONMENTAL RESOURCES
ATTN: TIFFANY STANKIEWICZ
DEVELOPMENT ADMINISTRATOR
2798 OVERSEAS HIGHWAY, SUITE 410
MARATHON, FLORIDA 33050
RE: REQUEST FOR AN EXTENSION ON RESOLUTION 289-2025 FOR 2 EARLY EVACUATION
AFFORDABLE ALLOCATION RESERVATIONS FOR 307 OVERSEAS HIGHWAY., BIG COPPITT KEY,
FL 33040
DEAR MS. STANKIEWICZ,
PLEASE ACCEPT THIS LETTER AS A REQUEST FOR AN EXTENSION ON RESOLUTION 289-2025
FOR 2 EARLY EVACUATION AFFORDABLE ALLOCATIONS. FOR THE PROPERTY LOCATED AT 307
OVERSEAS HIGHWAY, OWNED By NATALIE MCINTRYE. ATTACHED ALONG WITH THIS LETTER
IS THE PROPERTY APPRAISER CARD, WARRANTY DEED, AND AGENT AUTHORIZATION FORM.
BELOW IS THE INFORMATION REQUIRED FOR THE ORIGINAL REQUEST. LET ME KNOW IF YOU
NEED ANY ADDITIONAL INFO.
ADDRESS: 307 OVERSEAS Hwy, BIG COPPITT KEY
PARCEL ID #: 00 149540-000000
REQUEST: 2 MODERATE INCOME LEVEL UNITS
TiMEFRAME: 1 YEAR ASSUMING THE LAW CHANGES BY THEN
REASON: WE ARE REQUESTING TWO UNITS FOR THE OWNER'S CONSTRUCTION COMPANY'S
EMPLOYEES, THE OWNER PLANS TO USE THE COMMERCIAL SPACE FOR HIS CONSTRUCTION
WAREHOUSE WITH A SECONDARY OFFICE, WE WOULD QUALIFY UNDER THE FOLLOWING CODE
SECTIONS. 138-24(B)(6) OR (7)
CODE SECTIONS: (6) RENTAL EMPLOYEE HOUSING PROJECTS SITUATED ON THE SAME
PARCEL OF LAND AS THE NONRESIDENTIAL WORKPLACE FOR THE TENANTS OF THESE
PROJECTS, UPON WRITTEN REQUEST FROM THE PROPERTY OWNER AND APPROVED BY
RESOLUTION OF THE BOCC
(7) WORKFORCE INITIATIVE HOUSING PROJECTS, PURSUANT TO POLICY
101 .3. 12 AND SECTION 138-24(C), THAT REQUIRE OCCUPANTS TO EVACUATE IN PHASE I OF
THE 48—HR EVACUATION OF A PENDING MAJOR HURRICANE, ARE RESTRICTED TO RENTAL
OCCUPANCY, AND FOR THOSE WHO DERIVE AT LEAST 70% OF THEIR INCOME AS MEMBERS OF
THE WORKFORCE IN MONROE COUNTY AND WHO MEET THE AFFORDABLE HOUSING INCOME
CATEGORIES OF THE MONROE COUNTY LAND DEVELOPMENT CODE.
SINCERELY,
JOS PH SCARPELLI, RA NCARB
PARTNER
T.S. NEAL ARCHITECTS
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2 RESOLUTION No. 289 -2025
3
4 A RESOLUTION APPROVING THE RESERVATION of TWO (2)
5 WORKFORCE HOUSING EARLY EVACUATION AFFORDABLE
6 ALLOCATIONS, PURSUANT TO MONROE COUNTY
7 COMPREHENSIVE PLAN POLICY 1 0 1.3.12 AND MONROE COUNTY
8 LAND DEVELOPMENT CODE SECTION 138-24, FOR PROPOSED
9 AFFORDABLE WORKFORCE HOUSING DWELLING UNITS, ON
10 PROPERTY LOCATED AT 307 OVERSEAS HIGHWAY, BIG
11 COPPITT KEY, MONROE COUNTY, DESCRIBED AS LOT 17,
12 BLOCK 1, AMENDED PLAT OF COPPITT SUBDIVISION,
13 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
14 BOOK 4, PAGE 50, OF THE OFFICIAL RECORDS OF MONROE
15 COUNTY, CURRENTLY HAVING PARCEL IDENTIFICATION
16 NUMBER 00149540-000000, AS REQUESTED BY NATALIE
17 MCINTYRE ("APPLICANT", "OWNER", OR THE "DEVELOPER"}
18 BY AND THROUGH JOSEPH SCARPELLI, UNTIL AUGUST 20, 2025,
19 FOR BUILDING PERMIT ISSUANCE.
20
21
22 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject
23 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
24 affordable housing throughout the state and particularly in the Florida Keys where developable land
25 for housing is extremely limited and expensive; and
26
27 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
28 is one requiring sensible and responsive use of residential unit allocations, including implementation
29 of long-term preservation mechanisms; and
30
31 WHEREAS, due consideration should be given to relevant factors such as the capacity for
32 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
33 affordable/workforce housing units; and
34
35 WHEREAS, on August 20, 2025, the Board of County Commissioners ("Monroe County",
36 "BOCC","Board", or the"County")was to consider and/or is considering adoption of an Ordinance,
37 amending Monroe County Year 2030 Comprehensive Plan ("Comprehensive Plan") Policies
38 101.2.21 101.2.41 101.3.11 101.3.21 101.3.31 101.3.41 101.3.101 101.3.111 101.3.121 601.11 601.1.11
39 60 1.1.21 60 1.1.8, 60 1.1.11, and 60 1.5.1,providing for transmittal to the State Land P I anning Agency
40 and the Secretary of State,providing for amendment(s)to and incorporation into the Monroe County
41 Comprehensive Plan, and, inter alga, providing for an effective date; and
42
1 of 4
I WHEREAS, on August 20, 2025, the Monroe Board of County Commissioners ("Monroe
2 County", "BOCC", "Board", or the "County") was to consider and/or is considering adoption of an
3 Ordinance, amending Monroe County Land Development Code("LDC") Section 138-24,providing
4 for transmittal to the State Land Planning Agency and the Secretary of State, providing for
5 amendment(s) to and incorporation into the Monroe County Land Development Code, and, inter
6 al ia, providing for an effective date; and
7
8 WHEREAS, pursuant to Comprehensive Plan Policy 101.3.12 and LDC Section 138-24(e),
g requests for workforce housing early evacuation unit building permit allocations shall require a
10 reservation via BOCC resolution; and
11
12 WHEREAS, pursuant to Comprehensive Plan Policy 101.3.2 and LDC Section 138-24(a),
13 requests for workforce housing early evacuation unit building permit allocations shall be distributed
14 on a first-come first-serve basis; and
15
16 WHEREAS, the reservation of workforce housing early evacuation unit building permit
17 allocations for the anticipated project does not exempt the project from applicable requirements for
18 the Monroe County Codes), Comprehensive Plan, Florida Building Code, and/or other regulatory
19 requirements; and
20
21 WHEREAS, the owner shall obtain all required approvals from Monroe County for the
22 proj ect; and
23
24 WHEREAS, the owner shall obtain building permits for the workforce housing early
25 evacuation units by August 20, 2026; if the permit for a reserved ROGO allocation housing unit is
26 not issued by that time, the allocation shall automatically revert to Monroe County;
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD of COUNTY
29 COMMISSIONERS of MONROE COUNTY.) FLORIDA:
30
31 Section 1. Recitals. The foregoing recitals, findings of fact, and conclusions of law are true and
32 correct and are hereby incorporated as if fully stated herein.
33
34 Section 2. Monroe County hereby reserves and the Monroe County Planning and Environmental
35 Resources Department accordingly shall extend the reservation of two (2) affordable
36 workforce housing early evacuation unit building permit allocations for the project at
37 307 Overseas Highway, Big Coppitt Key, Monroe County, Florida, currently having
38 Parcel Identification Number 00149540-000000, until August 20, 2026.
39
40 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or ambiguities,
41 within this Resolution or between this Resolution and the Monroe County Code of
42 Ordinances, Florida Building Cade, Monroe County Land Development Code,
43 Monroe County Comprehensive Plan, or any other approval of the Monroe County
44 Board of County Commissioners, Monroe County Planning Commission, Monroe
45 County Development Review Committee, Monroe County Planning&Environmental
46 Resources Department, or other department or office of Monroe County, the more
47 restrictive rule, regulation, law, provision, and text shall always apply.
2 of 4
I Section 4. Subject to Section 3. above, the interpretation of this Resolution and all provisions of
2 the Monroe County Comprehensive Plan, Florida Building Code, Monroe County
3 Codes, Florida Statutes, and floodplain management regulations whose interpretation
4 arise out of, relate to, or are interpreted in connection with this Resolution, shall be
5 liberally construed and enforced in favor of Monroe County, and such interpretation
6 shall be entitled to great weight in adversarial administrative proceedings, at trial, in
7 bankruptcy, and on appeal.
8
9 Section 5. This Resolution neither ratifies nor approves, nor shall be interpreted as ratifying or
10 approving, any violation or violations of the Monroe County Code of Ordinances,
11 Monroe County Land Development Code, Monroe County Comprehensive Plan,
12 floodplain management regulations, Florida Building Code, Florida Statutes, Florida
13 Administrative Code, or any other law, rule, or regulation, whether Federal or of the
14 State or of Monroe County, and shall not be construed as ratifying or approving of any
15 such violation of laws), rule(s), or regulations).
16
17 Section 5. Approval of this Resolution shall not estop or waive, nor shall be construed as
18 estopping or waiving, Monroe County's right to enforce, seek enforcement of, and
19 require compliance with the Monroe County Codes, Monroe County Comprehensive
20 Plan, floodplain management regulations, Florida Building Code, Florida Statutes,
21 Florida Administrative Code, or any other law, rule, or regulation, whether at law or
22 in equity.
23
24 Section 7. The developer must obtain the building permits for the two (2) affordable workforce
25 housing early evacuation housing units on or before August 20, 2026.
26
27 Section 8. This Resolution is subject to the requirements of the Monroe County Code of
28 Ordinances, Land Development Code, Comprehensive Plan, Florida Statutes, and
29 Florida Administrative Code, and,in addition,this Resolution shall not become legally
30 effective until the above-referenced Ordinances adopting amendments to
31 Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4,
32 101.3.101 101.3.111 101.3.121 601.11 601.1.11 601.1.21 601.1.81 601.1.11, and 601.5.1
33 and Land Development Code Section 138-24 become legally effective and any and
34 all adversarial administrative proceeding(s) and/or litigation regarding said
35 Ordinance(s) has/have fully and finally concluded.
36
37 Section 9. The developer shall comply with the Monroe County Codes), Monroe County
38 Comprehensive Plan,Florida Building Code, floodplain management regulations, and
39 any and all other requirements of Monroe County and/or State and/or Federal oversight
40 agencies.
41
42 Section lo. No Liability. Monroe County expressly reserves and in no way shall be deemed to
43 have waived, for itself or for its officers), employee(s), or agents), any sovereign,
44 governmental, and any other similar defense, immunity, exemption, or protection
45 against any suit, cause-of-action, demand, or liability.
46
3 of 4
1 Section 11. Inconsistency',:Partial Invalidity, Severability, and Survival:of Provisions: If any
.,
2 portion of:this.Res:o.lution; or any part or portion thereof, is held' to be invalid 'or
3 unenforceable by'any:administrative hearing officer:or court of competent jurisdiction; '
4 the invalidity or unenforceabilit of such rovision-or.an art or •portion,thereof shall
Y Yp
5 neither:limit nor:impair the operation,enforceability;or validity of any other provision
.6 of this Resolution, or any remaining part(s)or:portion(s)thereof. All:other provisions
7_. of this-,Resolution'.. and remaining part(s) or portions) thereof, shall continue
8 unimpaired in full.force and effect. :
.10: Section 12. Effectiveness. This:Resolution,shall become•effective as provided by Iaw and stated
'11 -above,,,12.
13 PASSED. AND--A•DOPTED by the:Board: of County Commissioners of Monroe Co
' unty,
1.4 Florida,:at.a regularly scheduled public meeting held on.the 20 •day.'of August;2025.
-15
• 16; Mayor James K: Scho11: Yes
17 _. . Mayor Pao Tem Michelle Lincoln Yes
.18. ..Comm'. issioner:Craig Cates Yes :.
.19 Commissioner David Rice. Yes
20 : :Commissioner Holly:Merrill.Rasche;in Yes
21-
22 : BOARD OF COUNTY . .OMMISSIONERS..OF MONROE
23 COUNTY, FORIDA
24
25
26
Mayor James.K: Scholl:
vIN MAD OK; CLERK
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2 RESOLUTION NO. -2026
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE EXTENSION OF RESERVATION
6 OF TWO (2) WORKFORCE HOUSING EARLY EVACUATION
7 AFFORDABLE ALLOCATIONS, PURSUANT TO MONROE COUNTY
8 COMPREHENSIVE PLAN POLICY 101.3.12 AND MONROE COUNTY
9 LAND DEVELOPMENT CODE SECTION 138-24, FOR PROPOSED
10 AFFORDABLE WORKFORCE HOUSING DWELLING UNITS, ON
11 PROPERTY LOCATED AT 307 OVERSEAS HIGHWAY, BIG COPPITT
12 KEY, MONROE COUNTY, DESCRIBED AS LOT 17, BLOCK 1,
13 AMENDED PLAT OF COPPITT SUBDIVISION, ACCORDING TO THE
14 PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 50, OF THE
15 OFFICIAL RECORDS OF MONROE COUNTY, CURRENTLY HAVING
16 PARCEL IDENTIFICATION NUMBER 00149540-000000, AS HAS
17 BEEN REQUESTED BY NATALIE MCINTYRE ("APPLICANT",
18 "OWNER", OR THE "DEVELOPER") BY AND THROUGH JOSEPH
19 SCARPELLI, UNTIL AUGUST 20, 20279 FOR BUILDING PERMIT
20 ISSUANCE.
21
22
23 WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject
24 to Area of Critical State Concern mandates relating to housing affordability) recognize the need for
25 affordable housing throughout the state and particularly in the Florida Keys where developable land
26 for housing is extremely limited and expensive; and
27
28 WHEREAS,the challenge of providing affordable housing opportunities in the Florida Keys
29 is one requiring sensible and responsive use of residential unit allocations, including implementation
30 of long-term preservation mechanisms; and
31
32 WHEREAS, due consideration should be given to relevant factors such as the capacity for
33 allocation recipients to promptly transform allocation awards/reservations into finished and occupied
34 affordable/workforce housing units; and
35
36 WHEREAS, on August 20, 2025, the Monroe County Board of County Commissioners duly
37 adopted Monroe County Ordinance No 018-2025, amending Monroe County Year 2030
38 Comprehensive Plan ("Comprehensive Plan") Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3,
39 101.3.41 101.3.101 101.3.11, 101.3.121 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11, and 601.5.1,
40 providing for transmittal to the State Land Planning Agency and the Secretary of State, providing
41 for amendment(s)to and incorporation into the Monroe County Comprehensive Plan, and, inter alia,
42 providing for an effective date; and
1 of 4
I WHEREAS, on August 20, 2025, the Monroe Board of County Commissioners ("Monroe
2 County", "BOCC", "Board", or the "County") duly adopted Monroe County Ordinance No. 019-
3 2025, amending Monroe County Land Development Code Section 13 8-24,providing for transmittal
4 to the State Land Planning Agency and the Secretary of State, providing for amendment(s) to and
5 incorporation into the Monroe County Land Development Code, and, inter alia, providing for an
6 effective date; and
7
8 WHEREAS, pursuant to Comprehensive Plan Policy 101.3.12 and Monroe County Land
9 Development Code Section 13 8-24(e), requests for workforce housing early evacuation unit
10 building permit allocations shall require a reservation via BOCC resolution; and
11
12 WHEREAS, on August 20, 2025, the Monroe County BOCC approved BOCC Resolution
13 No. 289-2025, reserving two (2) workforce housing early evacuation building permit ("ROGO")
14 allocations on the sub j ect property through August 20, 2026; and
15
16 WHEREAS, on or about November 4, 2025, the State, through the executive branch agency
17 Florida Department of Commerce, acting as the state land planning agency,wrote a letter to Monroe
18 County alleging that duly adopted Monroe County Ordinance No. 018-2025 was purportedly `more
19 restrictive or burdensome' and putatively `null and void ab initio' under the ostensible authority of
20 Section 28., Chapter 2025-190, Laws of Florida; and
21
22 WHEREAS, the Monroe County Planning and Environmental Resources Department has
23 initiated a text amendment process to propose amendments to Monroe County Year 2030
24 Comprehensive Plan' Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10,
25 101.3.11, 101.3.12, 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11 and to Monroe County Land
26 Development Code ("LDC") Section 138-24; and
27
28 WHEREAS, pursuant to Comprehensive Plan Policy 101.3.2 and LDC Section 13 8-24(a),
29 requests for workforce housing early evacuation unit building permit allocations shall be distributed
30 on a first-come first-serve basis; and
31
32 WHEREAS, the reservation of workforce housing early evacuation unit building permit
33 allocations for the anticipated project does not exempt the project from applicable requirements for
34 the Monroe County Code(s), Comprehensive Plan, Florida Building Code, and/or other regulatory
35 requirements; and
36
37 WHEREAS, the owner shall obtain all required approvals from Monroe County for the
38 proj ect; and
39
40 WHEREAS, the owner shall obtain building permits for the workforce housing early
41 evacuation units by August 20, 2027; if the permit for a reserved ROGO allocation housing unit is
42 not issued by that time, the allocation shall automatically revert to Monroe County;
43
1 Monroe County Planning and Environmental Resources Department File No.2025-220.
2 Monroe County Planning and Environmental Resources Department File No.2025-221.
2 of 4
I NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
3
4 Section 1. Recitals. The foregoing recitals, findings of fact, and conclusions of law are true and
5 correct and are hereby incorporated as if fully stated herein.
6
7 Section 2. Monroe County hereby reserves and the Monroe County Planning and Environmental
8 Resources Department accordingly shall extend the reservation of two (2) affordable
9 workforce housing early evacuation unit building permit allocations for the project at
10 307 Overseas Highway, Big Coppitt Key, Monroe County, Florida, Currently Having
11 Parcel Identification Number 00149540-000000 until August 20, 2027.
12
13 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or ambiguities,
14 within this Resolution or between this Resolution and the Monroe County Code of
15 Ordinances, Florida Building Code, Monroe County Land Development Code,
16 Monroe County Comprehensive Plan, or any other approval of the Monroe County
17 Board of County Commissioners, Monroe County Planning Commission, Monroe
18 County Development Review Committee,Monroe County Planning&Environmental
19 Resources Department, or other department or office of Monroe County, the more
20 restrictive rule, regulation, law, provision, and text shall always apply.
21
22 Section 4. Subject to Section 3. above, the interpretation of this Resolution and all provisions of
23 the Monroe County Comprehensive Plan, Florida Building Code, Monroe County
24 Codes, Florida Statutes, and floodplain management regulations whose interpretation
25 arise out of, relate to, or are interpreted in connection with this Resolution, shall be
26 liberally construed and enforced in favor of Monroe County, and such interpretation
27 shall be entitled to great weight in adversarial administrative proceedings, at trial, in
28 bankruptcy, and on appeal.
29
30 Section 5. This Resolution neither ratifies nor approves, nor shall be interpreted as ratifying or
31 approving, any violation or violations of the Monroe County Code of Ordinances,
32 Monroe County Land Development Code, Monroe County Comprehensive Plan,
33 floodplain management regulations, Florida Building Code, Florida Statutes, Florida
34 Administrative Code, or any other law, rule, or regulation, whether Federal or of the
35 State or of Monroe County, and shall not be construed as ratifying or approving of any
36 such violation of law(s), rule(s), or regulation(s).
37
38 Section 6. Approval of this Resolution shall not estop or waive, nor shall be construed as
39 estopping or waiving, Monroe County's right to enforce, seek enforcement of, and
40 require compliance with the Monroe County Codes, Monroe County Comprehensive
41 Plan, floodplain management regulations, Florida Building Code, Florida Statutes,
42 Florida Administrative Code, or any other law, rule, or regulation, whether at law or
43 in equity.
44
45 Section 7. The developer must obtain the building permits for the two (2) affordable workforce
46 housing early evacuation housing units on or before August 20, 2027.
47
3 of 4
I Section 8. This Resolution is subject to the requirements of the Monroe County Code of
2 Ordinances, Land Development Code, Comprehensive Plan, Florida Statutes, and
3 Florida Administrative Code,and,in addition,this Resolution shall not become legally
4 effective until the above-referenced Ordinances adopting amendments to
5 Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4,
6 101.3.10, 101.3.11, 101.3.12, 601.11 601.1.1, 601.1.2, 601.1.8, 601.1.11, and 601.5.1
7 and Land Development Code Section 13 8-24 become legally effective and any and
8 all adversarial administrative proceeding(s) and/or litigation regarding said
9 Ordinance(s) has/have fully and finally concluded.
10
11 Section 9. The developer shall comply with the Monroe County Code(s), Monroe County
12 Comprehensive Plan, Florida Building Code, floodplain management regulations, and
13 any and all other requirements of Monroe County and/or State and/or Federal oversight
14 agencies.
15
16 Section 10. No Liability. Monroe County expressly reserves and in no way shall be deemed to
17 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
18 governmental, and any other similar defense, immunity, exemption, or protection
19 against any suit, cause-of-action, demand, or liability.
20
21 Section 11. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any
22 portion of this Resolution, or any part or portion thereof, is held to be invalid or
23 unenforceable by any administrative hearing officer or court of competent jurisdiction,
24 the invalidity or unenforceability of such provision,or any part or portion thereof, shall
25 neither limit nor impair the operation, enforceability,or validity of any other provision
26 of this Resolution, or any remaining part(s) or portion(s)thereof. All other provisions
27 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue
28 unimpaired in full force and effect.
29
30 Section 12. Effectiveness. This Resolution shall become effective as provided by law and stated
31 above.
32
33 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
4 Florida, at a regularly scheduled public meeting held on the 28th day of January, 2026.
5
36 Mayor Michelle Lincoln
37 Mayor Pro Tern David Rice
38 Commissioner Craig Cates
39 Commissioner James K. Scholl
lyCommissioner Holly Merrill Raschein
42 BOARD OF COUNTY COMMISSIONERS OF MONROE
3 COUNTY, FLORIDA
4
45 By:
46 Mayor Michelle Lincoln
47 ATTEST: KEVIN MADOK, CLERK
TO FORM
48 .M�
49
R
50 AS DEPUTY CLERK PETER MORRIS
ASSISTANT COUNTY ATrORNEY'
4 of 4 Date: